Domestic Violence

    There are two types of Domestic Violence cases.  There is criminal domestic violence, per Penal Code section 243(e)(1). There is also non-criminal domestic violence' per Family Code section 6203 (The Domestic Violence Prevention Act.

 

    Criminal Domestic Violence is a misdemeanor or sometimes a felony, depending on the nature and severity of the injuries.  The "victim" of an act of Domestic Violence must be an "intimate partner" of the party commiting the act.  An intimate partner is any of the following:

Any partner, regardless of sexual orientation, that is,

  1. your current or former spouse,

  2. your fiance or fiancee,

  3. a co-parent of your child,

  4. a person that you have or a had a dating relationship,

  5. a person with whom you live.

    Non-criminal Domestic Violence, is "abuse" perpetrated against any of the following persons:

    (a) A spouse or former spouse.

    (b) A cohabitant or former cohabitant, as defined in Section 6209.

    (c) A person with whom the respondent is having or has had a dating or engagement relationship.

    (d) A person with whom the respondent has had a child, where the presumption applies that the        male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).

   (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected.

   (f) Any other person related by consanguinity or affinity within the second degree.

 

    The word "abuse" is,

    (1) To intentionally or recklessly cause or attempt to cause bodily injury.

    (2) Sexual assault.

    (3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.

   (4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

Abuse is not limited to the actual infliction of physical injury or assault.

    If you have been 1) charged with the crime of Domestic Violence, 2) have been served with a Domestic Violence Restraining Order, or 3) are the victim of Domestic Violence and require the protection of a Restraining Order, we can help.  Do not hesitate to contact us.